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MC-052
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY
Scott H.Z. Sumner (156304)
Sumner Law
1299 Newell Hill Place, Suite 301
Walnut Creek, CA 94596
TELEPHONE NO.: (925) 278-6170 FAX NO.:
ATTORNEY FOR (Name) : Karen Morales
NAME OF COURT: Kern County Superior Court
STREET ADDRESS: 1215 Truxtun Ave
MAILING ADDRESS:
CITY AND ZIP CODE: Bakersfield, CA 93301
BRANCH NAME:
CASE NAME: CASE NUMBER:
Morales v. Starbucks Corporation, et al. BCV-20-102364
HEARING DATE: December 4, 2023
DEPT.: H TIME: 8:30 a.m.
DECLARATION IN SUPPORT OF ATTORNEY'S
BEFORE HON.: Bernard C. Barmann, Jr.
MOTION TO BE RELIEVED AS COUNSEL-CIVIL
DATE ACTION FILED: October 8, 2020
TRIAL DATE: October 28, 2024
1. Attorney and Represented Party. Attorney (name): Scott H.Z. Sumner
is presently counsel of record for (name of party): Karen Morales
in the above-captioned action or proceeding.
2. Reasons for Motion. Attorney makes this motion to be relieved as counsel under Code of Civil Procedure section 284(2) instead of
filing a consent under section 284(1) for the following reasons (describe):
Please see Attachment 2.
Continued on Attachment 2.
3. Service
a. Attorney has
(1) personally served the client with copies of the motion papers filed with this declaration. A copy of the proof of service
will be filed with the court at least 5 days before the hearing.
(2) X served the client by mail at the client's last known address with copies of the motion papers served with this declaration.
b. If the client has been served by mail at the client's last known address, attorney has
(1) X confirmed within the past 30 days that the address is current
(a) by mail, return receipt requested.
(b) X by telephone.
(c) X by conversation.
(d) by other means (specify):
(Continued on reverse) Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
DECLARATION IN SUPPORT OF ATTORNEY'S Code of Civil Procedure, § 284;
Cal. Rules of Court, rule 3.1362
MC-052 [Rev. January 1, 2007] MOTION TO BE RELIEVED AS COUNSEL-CIVIL www.courtinfo.ca.gov
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MORALES, KAREN
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MC-052
CASE NAME: CASE NUMBER:
Morales v. Starbucks Corporation, et al. BCV-20-102364
3. b. (2) been unable to confirm that the address is current or to locate a more current address for the client after making the
following efforts:
(a) mailing the motion papers to the client's last known address, return receipt requested.
(b) calling the client's last known telephone number or numbers.
(c) contacting persons familiar with the client (specify):
(d) conducting a search (describe):
(e) other (specify):
c. Even if attorney has been unable to serve the client with the moving papers, the court should grant attorney's motion to be
relieved as counsel of record (explain):
4. The next hearing scheduled in this action or proceeding
a. is not yet set.
b. X is set as follows (specify the date, time, and place):
Mandatory Settlement Conference, September 20, 2024 at 11:00 a.m., 3131 Arrow St., Bakersfield, CA 93308, Courtroom 2
c.
X concerns (describe the subject matter of the hearing):
Settlement Conference
Continued on Attachment 4.
5. The following additional hearings and other proceedings (including discovery matters) are presently scheduled in this case (for each,
describe the date, time, place, and subject matter):
Final Case Management Conference on October 25, 2024 at 1:30 p.m., Division H, 1215 Truxtun Avenue,
Bakersfield, CA 93301.
Trial on October 28, 2024 at 9:00 a.m., Division H, 1215 Truxtun Avenue, Bakersfield, CA 93301.
Continued on Attachment 5.
6. Trial in this action or proceeding
a. is not yet set.
b. X is set as follows (specify the date, time, and place):
October 28, 2024 at 9:00 a.m., Division H, 1215 Truxtun Avenue, Bakersfield, CA 93301.
7. Other. Other matters that the court should consider in determining whether to grant this motion are the following (explain):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: November 1, 2023
Scott H.Z. Sumner (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
8. Number of pages attached: 1
MC-052 [Rev. January 1, 2007] DECLARATION IN SUPPORT OF ATTORNEY'S Page 2 of 2
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C\LL MOTION TO BE RELIEVED AS COUNSEL-CIVIL
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Karen Morales v. Starbucks Corporation, et al.
Kern County Superior Court, Case No. BCV-20-102364
Declaration In Support of Attorney’s Motion To Be Relieved As Counsel
Attachment 2
Page 1
Over the course of many months, I have had communications through multiple telephone
conversations, in-person discussions, letters and emails with the client regarding the action and
subjects involved therein. All the communications between myself and Ms. Morales are attorney-
client privilege, and the specific facts of those communications cannot be put into this
declaration. However, I am more than willing to bring evidence of those communications to the
court to review at an in camera hearing outside the presence of defense counsel.
In the course of those discussions, it has become clear that the attorney-client relationship has
deteriorated, making it unreasonably difficult to carry out the employment effectively.
The Court requested an explanation why the Motion was filed instead of substitution. A letter
and Substitution of Attorney form were sent to Mrs. Morales on October 24, 2023. It was
requested that the form be returned within one week, by November 1, 2023. The form was not
received by November 1, 2023.
The specific facts which give rise to this motion are confidential and required to be kept
confidential pursuant to Business and Professions Code §6068(e), Rule 3-100(A), California
Rules of Professional Conduct, and by the attorney-client privilege (Evid. C., §§950 et seq.). In
the event that this motion is opposed, or this court desires further information to ascertain the
good faith basis for this motion and for withdrawal, it is respectfully requested that the court
have an in camera hearing outside of the presence of all other parties so that the specific facts
demonstrating good cause for this withdrawal may be demonstrated to the court. Manfredi &
Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1136-1137; 3-700(B) or (C).
1
PROOF OF SERVICE
2
3
STATE OF CALIFORNIA, COUNTY OF KERN
4
I am employed in the County of Kern, State of California. I am over the age of 18
5 and not a party to the within action; my business address is 1128 Truxtun Avenue,
Bakersfield, California 93301.
6
7 On November 2, 2023, I served the foregoing document described as follows:
8
DECLARATION IN SUPPORT OF ATTORNEYS MOTION TO BE RELIVED AS
COUNSEL-CIVIL
9
10 by placing the true copies thereof
by placing the original
11
12 addressed as follows: SEE ATTACHED SERVICE LIST
13
14 BY MAIL - I enclosed such document in a sealed envelope and caused such envelope
15 to be deposited in the mail at Bakersfield, California. The envelope was mailed with postage
thereon fully prepaid. I am “readily familiar” with this firm’s practice of collection and
16
processing of correspondence for mailing. It is deposited with the U.S. Postal Service on that
17 same day in the ordinary course of business. I am aware that on motion of party, service is
18
presumed invalid if postal cancellation date or postage meter date is more than one day after
date of deposit for mailing affidavit.
19
20 X BY OVERNIGHT DELIVERY - I enclosed such document in a sealed envelope and
caused it to be deposited in a box or other facility regularly maintained by the express service
21
carrier, or delivered to an authorized courier or driver authorized by the express service
22 carrier to receive documents, in an envelope or package designated by the express service
carrier with delivery fees paid or provided for, addressed to the person on whom it is to be
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served, at the office address as last given by that person.
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BY FACSIMILE - I caused such document to be transmitted to a facsimile machine
maintained by the person on whom it is served at the facsimile machine telephone number as
26 last given by that person.
27
BY PERSONAL SERVICE - I enclosed such document in a sealed envelope and
28
caused it to be delivered by hand to the offices of the addressee(s).
PROOF OF SERVICE
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2 X BY ELECTRONIC MAIL - I caused the above-referenced document to be delivered
to the e-mail address as noted.
3
4 Executed on November 2, 2023, at Bakersfield, California.
5
I declare under penalty of perjury under the laws of the State of California that the
6 above is true and correct.
7
8
9 __________________________________________
10
STEPHANIE LOPEZ
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PROOF OF SERVICE
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SERVICE LIST
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Stephen T. Pelletier, Esq. Attorney for Defendant,
5
Price Pelletier, LLP STARBUCKS CORPORATION
6 530 B Street, Ste. 1310
San Diego, CA 92101
7
Facsimile: (619) 349.5225
8 Email: pelletiers@pricepelletier.com
marinom@pricepelletier.com
9
keownl@pricepelletier.com
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Scott H.Z. Sumner, Esq. Attorney for Plaintiff,
Sumner Law KAREN MORALES
12 1299 Newell Hill Place, Ste. 301
13
Walnut Creek, CA 94596
Facsimile (925) 278-6174
14 Email: ssumner@sumnerlawyers.com
15
Karen Morales
16
2587 Stirling Court
17 Brentwood, CA 94513
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PROOF OF SERVICE
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ORIGIN ID:BFLA (661) 323-1400 SHIP DATE: 02NOV23
STEPHANIE LOPEZ ACTWGT: 0.50 LB
RODRIGUEZ & ASSOCIATES CAD: 9716889/INET4535
1128 TRUXTUN AVE.
BAKERSFIELD, CA 93301 BILL SENDER
UNITED STATES US
TO KAREN MORALES
583J4/C5BD/9AE3
2587 STIRLING COURT
BRENTWOOD CA 94513
(925) 642-5367 REF: MORALES #4839
INV:
PO: DEPT:
J234023101501uv
FRI - 03 NOV 8:00P
TRK# STANDARD OVERNIGHT
0201 7739 5867 9690 RES
94513
WA CCRA CA-US OAK
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MC-052 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY Scott H.Z. Sumner (156304) Sumner Law 1299 Newell Hill Place, Suite 301 Walnut Creek, CA 94596 TELEPHONE NO.: (925) 278-6170 FAX NO.: ATTORNEY FOR (Name) : Karen Morales NAME OF COURT: Kern County Superior Court STREET ADDRESS: 1215 Truxtun Ave MAILING ADDRESS: CITY AND ZIP CODE: Bakersfield, CA 93301 BRANCH NAME: CASE NAME: CASE NUMBER: Morales v. Starbucks Corporation, et al. BCV-20-102364 HEARING DATE: December 4, 2023 DEPT.: H TIME: 8:30 a.m. DECLARATION IN SUPPORT OF ATTORNEY'S BEFORE HON.: Bernard C. Barmann, Jr. MOTION TO BE RELIEVED AS COUNSEL-CIVIL DATE ACTION FILED: October 8, 2020 TRIAL DATE: October 28, 2024 1. Attorney and Represented Party. Attorney (name): Scott H.Z. Sumner is presently counsel of record for (name of party): Karen Morales in the above-captioned action or proceeding. 2. Reasons for Motion. Attorney makes this motion to be relieved as counsel under Code of Civil Procedure section 284(2) instead of filing a consent under section 284(1) for the following reasons (describe): Please see Attachment 2. Continued on Attachment 2. 3. Service a. Attorney has (1) personally served the client with copies of the motion papers filed with this declaration. A copy of the proof of service will be filed with the court at least 5 days before the hearing. (2) X served the client by mail at the client's last known address with copies of the motion papers served with this declaration. b. If the client has been served by mail at the client's last known address, attorney has (1) X confirmed within the past 30 days that the address is current (a) by mail, return receipt requested. (b) X by telephone. (c) X by conversation. (d) by other means (specify): (Continued on reverse) Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California DECLARATION IN SUPPORT OF ATTORNEY'S Code of Civil Procedure, § 284; Cal. Rules of Court, rule 3.1362 MC-052 [Rev. January 1, 2007] MOTION TO BE RELIEVED AS COUNSEL-CIVIL www.courtinfo.ca.gov ~ R Essential C\LL 8 MORALES, KAREN ^ > ceb.com rgForms MC-052 CASE NAME: CASE NUMBER: Morales v. Starbucks Corporation, et al. BCV-20-102364 3. b. (2) been unable to confirm that the address is current or to locate a more current address for the client after making the following efforts: (a) mailing the motion papers to the client's last known address, return receipt requested. (b) calling the client's last known telephone number or numbers. (c) contacting persons familiar with the client (specify): (d) conducting a search (describe): (e) other (specify): c. Even if attorney has been unable to serve the client with the moving papers, the court should grant attorney's motion to be relieved as counsel of record (explain): 4. The next hearing scheduled in this action or proceeding a. is not yet set. b. X is set as follows (specify the date, time, and place): Mandatory Settlement Conference, September 20, 2024 at 11:00 a.m., 3131 Arrow St., Bakersfield, CA 93308, Courtroom 2 c. X concerns (describe the subject matter of the hearing): Settlement Conference Continued on Attachment 4. 5. The following additional hearings and other proceedings (including discovery matters) are presently scheduled in this case (for each, describe the date, time, place, and subject matter): Final Case Management Conference on October 25, 2024 at 1:30 p.m., Division H, 1215 Truxtun Avenue, Bakersfield, CA 93301. Trial on October 28, 2024 at 9:00 a.m., Division H, 1215 Truxtun Avenue, Bakersfield, CA 93301. Continued on Attachment 5. 6. Trial in this action or proceeding a. is not yet set. b. X is set as follows (specify the date, time, and place): October 28, 2024 at 9:00 a.m., Division H, 1215 Truxtun Avenue, Bakersfield, CA 93301. 7. Other. Other matters that the court should consider in determining whether to grant this motion are the following (explain): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 1, 2023 Scott H.Z. Sumner (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. Number of pages attached: 1 MC-052 [Rev. January 1, 2007] DECLARATION IN SUPPORT OF ATTORNEY'S Page 2 of 2 ~ R81 Essential C\LL MOTION TO BE RELIEVED AS COUNSEL-CIVIL ^ > ceb.com rgForms MORALES, KAREN Karen Morales v. Starbucks Corporation, et al. Kern County Superior Court, Case No. BCV-20-102364 Declaration In Support of Attorney’s Motion To Be Relieved As Counsel Attachment 2 Page 1 Over the course of many months, I have had communications through multiple telephone conversations, in-person discussions, letters and emails with the client regarding the action and subjects involved therein. All the communications between myself and Ms. Morales are attorney- client privilege, and the specific facts of those communications cannot be put into this declaration. However, I am more than willing to bring evidence of those communications to the court to review at an in camera hearing outside the presence of defense counsel. In the course of those discussions, it has become clear that the attorney-client relationship has deteriorated, making it unreasonably difficult to carry out the employment effectively. The Court requested an explanation why the Motion was filed instead of substitution. A letter and Substitution of Attorney form were sent to Mrs. Morales on October 24, 2023. It was requested that the form be returned within one week, by November 1, 2023. The form was not received by November 1, 2023. The specific facts which give rise to this motion are confidential and required to be kept confidential pursuant to Business and Professions Code §6068(e), Rule 3-100(A), California Rules of Professional Conduct, and by the attorney-client privilege (Evid. C., §§950 et seq.). In the event that this motion is opposed, or this court desires further information to ascertain the good faith basis for this motion and for withdrawal, it is respectfully requested that the court have an in camera hearing outside of the presence of all other parties so that the specific facts demonstrating good cause for this withdrawal may be demonstrated to the court. Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1136-1137; 3-700(B) or (C). 1 PROOF OF SERVICE 2 3 STATE OF CALIFORNIA, COUNTY OF KERN 4 I am employed in the County of Kern, State of California. I am over the age of 18 5 and not a party to the within action; my business address is 1128 Truxtun Avenue, Bakersfield, California 93301. 6 7 On November 2, 2023, I served the foregoing document described as follows: 8 DECLARATION IN SUPPORT OF ATTORNEYS MOTION TO BE RELIVED AS COUNSEL-CIVIL 9 10 by placing the true copies thereof by placing the original 11 12 addressed as follows: SEE ATTACHED SERVICE LIST 13 14 BY MAIL - I enclosed such document in a sealed envelope and caused such envelope 15 to be deposited in the mail at Bakersfield, California. The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with this firm’s practice of collection and 16 processing of correspondence for mailing. It is deposited with the U.S. Postal Service on that 17 same day in the ordinary course of business. I am aware that on motion of party, service is 18 presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing affidavit. 19 20 X BY OVERNIGHT DELIVERY - I enclosed such document in a sealed envelope and caused it to be deposited in a box or other facility regularly maintained by the express service 21 carrier, or delivered to an authorized courier or driver authorized by the express service 22 carrier to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be 23 served, at the office address as last given by that person. 24 25 BY FACSIMILE - I caused such document to be transmitted to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number as 26 last given by that person. 27 BY PERSONAL SERVICE - I enclosed such document in a sealed envelope and 28 caused it to be delivered by hand to the offices of the addressee(s). PROOF OF SERVICE -1 1 2 X BY ELECTRONIC MAIL - I caused the above-referenced document to be delivered to the e-mail address as noted. 3 4 Executed on November 2, 2023, at Bakersfield, California. 5 I declare under penalty of perjury under the laws of the State of California that the 6 above is true and correct. 7 8 9 __________________________________________ 10 STEPHANIE LOPEZ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE -2 1 2 SERVICE LIST 3 4 Stephen T. Pelletier, Esq. Attorney for Defendant, 5 Price Pelletier, LLP STARBUCKS CORPORATION 6 530 B Street, Ste. 1310 San Diego, CA 92101 7 Facsimile: (619) 349.5225 8 Email: pelletiers@pricepelletier.com marinom@pricepelletier.com 9 keownl@pricepelletier.com 10 11 Scott H.Z. Sumner, Esq. Attorney for Plaintiff, Sumner Law KAREN MORALES 12 1299 Newell Hill Place, Ste. 301 13 Walnut Creek, CA 94596 Facsimile (925) 278-6174 14 Email: ssumner@sumnerlawyers.com 15 Karen Morales 16 2587 Stirling Court 17 Brentwood, CA 94513 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE -3 ORIGIN ID:BFLA (661) 323-1400 SHIP DATE: 02NOV23 STEPHANIE LOPEZ ACTWGT: 0.50 LB RODRIGUEZ & ASSOCIATES CAD: 9716889/INET4535 1128 TRUXTUN AVE. BAKERSFIELD, CA 93301 BILL SENDER UNITED STATES US TO KAREN MORALES 583J4/C5BD/9AE3 2587 STIRLING COURT BRENTWOOD CA 94513 (925) 642-5367 REF: MORALES #4839 INV: PO: DEPT: J234023101501uv FRI - 03 NOV 8:00P TRK# STANDARD OVERNIGHT 0201 7739 5867 9690 RES 94513 WA CCRA CA-US OAK